What Can I Do if Mother Does Not Show Up at Family Court After Being Served

My question involves a child custody case from the State of: New York

What can I do if the mother of my child doesn't show up at family court for a modification of custody summons (I'm asking in my petition for sole custody based on various reasons)? Currently there is shared physical custody and joint legal custody. Can I ask for temporary or permanent physical and legal custody if she doesn't show up for court? Also it clearly says she can be held in contempt of court, what could happen with that? I would rather have sole custody I could really care less about her being held in contempt, but if it will give me an advantage in the future I will pursue that also.

She has been served at a previous court date by a court officer in family court so there will be no doubt she was served when the judge looks at the details, she was served in court by a court officer. She is not rational and not sane thinking, why someone would not show up at court is beyond me after being served but that is what she is going to do and I do believe her.

Custody Lawyer
Get help for your custody case. Consult a divorce lawyer for free.

Notice: Information provided in the forum is not intended to substitute for professional advice, including but not limited to professional legal advice. If you submit a question or comment it is assumed that you are interested in soliciting, receiving or giving general information and not legal advice. Laws vary by state, and the laws described in this forum may be different in your state or may have been changed since the information was posted. The legal help offered in this forum comes from volunteers who may not have any formal legal training or knowledge, and all information should be confirmed with a qualified legal professional. All information is made available on an "as is" basis. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship. Use of this forum is subject to the ExpertLaw terms of use.